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Brian4Liberty
09-23-2014, 12:20 PM
Going to war is a decision too important to be left to the President
By W. James Antle III - September 23, 2014



“War is too important to be left to the generals.” This is a paraphrase of a quote attributed to the French statesman Georges Clemenceau.

The Founding Fathers certainly thought war was too important to be left to the president.

“The constitution supposes, what the History of all Governments demonstrates, that the Executive is the branch of power most interested in war, and most prone to it,” wrote James Madison, frequently called the Father of the Constitution. “It has accordingly with studied care vested the question of war in the Legislature.”

Despite the plain language of the Constitution, many today argue that presidential wars are perfectly permissible. In fact, they ridicule the very idea that anyone who isn’t a judge should be concerned about what is constitutional at all.
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Should a lawmaker simply defer all constitutional questions to the judiciary?
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First, members of Congress swear an oath to uphold and defend the Constitution. They do not swear an oath to protect Supreme Court rulings or judicial precedent.

The same is true of the president and many other citizens who work for the government in far less prominent roles.

That means abiding by the language of the Constitution—by and large not a technical document—when its meaning is clear and uncontroversial.

It also means that elected officials must make their own independent constitutional judgments in the course of performing their duties.

Those judgments are not infallible, but neither are the judgments of the Supreme Court or the rest of the judicial branch.
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Allowing the Constitution to be defined by judges alone short-circuits this process by allowing the federal government—or at least one branch of it—the final say in determining its own powers.

In practice, courts frequently impose constitutional interpretations that would be alien to the people who ratified the constitutional provisions in question. This allows the government to assume undelegated powers and ignores the primacy of the ratifying public.

This is not merely a technical matter. Judicial enforcement has failed to preserve a federal government limited to constitutionally enumerated powers.

For those who find the constitutional limits on federal power annoying, such as politicians, that is all to the good.

But for those who prefer lawful government, it is a serious problem.
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More:
http://rare.us/story/going-to-war-is-a-decision-too-important-to-be-left-to-the-president/

Carlybee
09-23-2014, 12:43 PM
Yet, it has been.

Zippyjuan
09-23-2014, 04:18 PM
As the good Doctor said:

http://www.youtube.com/watch?v=n4EpRZAdke4

sparebulb
09-23-2014, 05:42 PM
As the good Doctor said:

http://www.youtube.com/watch?v=n4EpRZAdke4

Damn. Beat me to it.

Let's see if Wing Attack Plan R works out for us.

69360
09-23-2014, 05:45 PM
Then work to get the 1973 war powers act and 2001 AUMF repealed. Until that happens presidents will continue to go to war without congress.

Carlybee
09-23-2014, 05:57 PM
Then work to get the 1973 war powers act and 2001 AUMF repealed. Until that happens presidents will continue to go to war without congress.

Easy to say but this latest round by Fear, Inc has proven most of
Congress is bought and paid for. They don't want it repealed. They won't be allowed to repeal it. There are what? A handful in Congress even willing to go against the tide? Stop kidding yourself.

Brian4Liberty
09-23-2014, 06:41 PM
Then work to get the 1973 war powers act and 2001 AUMF repealed. Until that happens presidents will continue to go to war without congress.

You do realize that the intent of the 1973 War Powers Act was to limit the Executive Branch, not expand it's power? It was a reaction to the illegal Korean and Vietnam Wars.

69360
09-24-2014, 10:44 AM
You do realize that the intent of the 1973 War Powers Act was to limit the Executive Branch, not expand it's power? It was a reaction to the illegal Korean and Vietnam Wars.

Didn't work out that way did it? They use it now to bypass congress.

Brian4Liberty
09-24-2014, 11:13 AM
Didn't work out that way did it? They use it now to bypass congress.

So it's not a matter of insufficient law, it's a matter of insufficient (corrupt, tyrannical) people.

69360
09-24-2014, 05:22 PM
So it's not a matter of insufficient law, it's a matter of insufficient (corrupt, tyrannical) people.

Regardless of original intent, the war powers act of 1973 is now used by presidents to bomb for 60 days without congressional approval. It needs to be repealed and replaced with something else.

The 2001 AUMF needs to go too, it's been twisted to allow Obama to bomb IS, which is beyond a stretch of the truth.